When Does a DOT Oral Fluid Collector Need Error Correction Training?

A DOT oral fluid collector needs error correction training after making a mistake in the collection process that causes a test to be cancelled, meaning a fatal or uncorrected flaw. Under 49 CFR 40.35(f), the training occurs within 30 days of the date the collector is notified of the error that led to the need for retraining.

Under 40.35(f)(1) to (3), error correction training:

• Is provided, with the collector's proficiency documented in writing, by a person who meets 40.35(c)(2)
• Covers only the subject matter areas in which the error that caused the cancellation occurred
• Includes three consecutive error-free mock collections, one uneventful scenario and two scenarios related to the areas of the error
• Ends with the trainer monitoring and evaluating the mock collections and attesting in writing that they were error-free

The urine collector rule in 49 CFR 40.33(f) adds a sentence about errors outside the collection process. When a specimen is crushed or otherwise damaged during transportation, or lost in transit, the cancellation is not the result of a collector error during the collection process and does not require retraining. Section 40.35(f) does not contain that sentence.

Error correction training is separate from the refresher training in 40.35(e), which is due no less frequently than every five years and repeats the requirements of paragraphs (b) and (c). Under 40.35(g), the collector keeps documentation of meeting these requirements and provides it on request to DOT agency representatives and to employers and C/TPAs using or negotiating to use the collector's services. The full oral fluid training sequence is covered in What Training Does a DOT Oral Fluid Collector Need?.

Learn Laws® offers DOT Oral Fluid Collector Training, which includes refresher and error correction content along with the 40.35 qualification training.

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